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					                                     CITY OF SHAWNEE
                                  CITY COUNCIL MEETING
                                         MINUTES
                                    NOVEMBER 24, 2003
                                          7:30 P.M.

Mayor Allen called the meeting to order at 7:29 p.m. in the Shawnee City Hall Council
Chambers. He welcomed the public and all stood and recited the Pledge of Allegiance, followed
by a moment of silence.

     Councilmembers Present          Staff Present
     Councilmember Pflumm            City Manager Montague
     Councilmember Sawyer            Assistant City Manager Gonzales
     Councilmember Goode             Assistant City Attorney Ellis Rainey
     Councilmember Meyers            Finance Director Meyer
     Councilmember McGuff            Public Works Director Freyermuth
     Councilmember Thomas            Parks and Recreation Director Holman
     Councilmember Newby             Police Chief Clark
     Councilmember Segale            Fire Chief Hudson
                                     Planning Director Chaffee

Members of the public who spoke: Item 12 – TIM ROONEY, Shawnee Mission School District,
5303 Greenwood; Items 14 and 15 – CHARLOTTE HARGIS, 6925 Ballentine; Business from
the Floor - PAUL DUCK, 7326 Edgewood Blvd.

CONSENT AGENDA

1.       APPROVE MINUTES            FROM      THE     CITY    COUNCIL       MEETING       OF
         NOVEMBER 10, 2003.

2.       REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OF
         NOVEMBER 3, 2003.

3.       REVIEW MINUTES FROM THE BOARD OF ZONING APPEALS MEETING
         OF OCTOBER 16, 2003.

4.       REVIEW MINUTES FROM THE PUBLIC WORKS                               AND     SAFETY
         COMMITTEE MEETING OF NOVEMBER 18, 2003.

5.       CONSIDER CHANGE ORDER NO. 2 FOR THE 2003 STREET CRACK SEAL
         PROGRAM.

         The contract was awarded to CCS Roadway Enterprises, Inc., Blue Springs, Missouri, on
         September 8, 2003, in the amount of $61,261.44. This change order reflects a net
         decrease of $567.65. The new contract amount for this project after a previous change
         order is $82,432.35.
PAGE 2                               CITY COUNCIL MINUTES                    NOVEMBER 24, 2003

6.       CONSIDER CHANGE ORDER NO. 2 AND FINAL FOR THE 2003 WEED
         CONTROL PROGRAM.

         The contract was awarded to Chem-Trol, Inc., Kansas City, Kansas, on February 10,
         2003, in the amount of $9,364.16. This change order reflects a net decrease of $527.18.
         The new contract amount for this project after a previous change order is $13,772.82.

7.       CONSIDER CHANGE ORDER NO. 1 FOR THE 50TH STREET, MULLEN TO
         SUMMIT, STORM DRAINAGE IMPROVEMENTS, PHASE 2 & 3, P.N. 3243b.

         The contract was awarded to Beemer Construction Co., Inc., Blue Springs, Missouri, on
         April 28, 2003, in the amount of $773,998. This change order reflects a net increase of
         $19,392. The new contract amount for this project is $793,390.

8.       CONSIDER INTERLOCAL AGREEMENT WITH JOHNSON COUNTY FOR
         THE ENGINEERING DESIGN SERVICES FOR STORM DRAINAGE
         IMPROVEMENTS IN THE AREA OF 51ST AND BALLENTINE, P.N. 3271.

         This agreement commits the County to provide 75% of the eligible design costs for the
         project, which is $1,475,000. The total estimated project cost is $2,200,000. The City’s
         portion is $725,000, funded through the Parks and Pipe Fund.

9.       CONSIDER ACCEPTANCE OF 2004 ALCOHOL TAX FUND ALLOCATION
         RECOMMENDATION BY THE DRUG ALCOHOLISM COUNCIL OF
         JOHNSON COUNTY.

         This item is budgeted at $27,737.

10.      CONSIDER RESOLUTION AMENDING RESOLUTION NO. 1264 PROVIDING
         FOR AN ORIGINATION FEE PAYABLE FOR ISSUANCE BY THE CITY OF
         ECONOMIC DEVELOPMENT REVENUE BONDS TO PERMIT PAYMENT AT
         CLOSING OF THE TOTAL ORIGINATION FEE INCLUDING PAYMENTS
         COMING DUE AND PAYABLE AFTER THE DATE OF CLOSING.

         Having passed, Resolution 1392 was assigned.

         Councilmember Meyers, seconded by Councilmember Thomas, moved to approve the
         entire consent agenda. The motion carried 8-0.

MAYOR’S ITEMS

Mayor Allen recognized the government students present.

PUBLIC ITEMS

11.      CONDUCT A PUBLIC HEARING TO CONSIDER AN ORDINANCE
         AUTHORIZING THE CITY TO ISSUE FEDERALLY TAXABLE PRIVATE
         ACTIVITY REVENUE BONDS, SERIES 2003, IN THE AMOUNT OF
PAGE 3                                CITY COUNCIL MINUTES                       NOVEMBER 24, 2003

         $10,000,000, FOR A FORD MOTOR COMPANY PROJECT AT 8515 HEDGE
         LANE TERRACE.

         Mayor Allen stated the bonds are for the Catellus Development Corp/Ford Motor
         Company Distribution Center for the purpose of financing the acquisition and
         construction of a parts warehouse/distribution facility. A Resolution of Intent to issue the
         bonds and grant the tax abatement was approved at the November 25, 2002, City Council
         meeting.

         Councilmember Thomas, seconded by Councilmember Sawyer, moved to conduct a
         public hearing to consider an ordinance authorizing the City to issue federally taxable
         private activity revenue bonds, Series 2003, in the amount of $10,000,000 for a Ford
         Motor Company project at 8515 Hedge Lane Terrace. The motion carried 8-0.

         Councilmember Goode, seconded by Councilmember Sawyer, moved to conclude the
         public hearing. The motion carried 8-0.

         Councilmember Goode, seconded by Councilmember Segale, moved to pass an
         ordinance authorizing the City to issue federally taxable private activity revenue bonds,
         Series 2003, in the amount of $10,000,000 for a Ford Motor Company project at 8515
         Hedge Lane Terrace, for the purpose of financing the acquisition and construction of a
         parts warehouse/distribution facility, per City Council approval on November 25, 2002,
         for a Resolution of Intent to issue the bonds and grant the tax abatement. The motion
         carried 8-0. Having passed, Ordinance 2691 was assigned.

12.      CONSIDER ADOPTION OF A RESOLUTION DECLARING THE INTENT OF
         THE CITY TO ISSUE FEDERALLY TAXABLE PRIVATE ACTIVITY
         REVENUE BONDS IN THE PRINCIPAL AMOUNT NOT TO EXCEED
         $4,000,000 FOR THE MILL CREEK PLAZA OFFICE BUILDING AT THE
         NORTHWEST CORNER OF MIDLAND DRIVE AND I-435.

         Mayor Allen stated the bonds are for the purpose of financing the acquisition,
         construction and equipping of an office building and to grant a property tax abatement.

         Councilmember McGuff stated a couple people in his neighborhood have been concerned
         about the possible removal of trees and some other issues. He stated he wanted to make
         sure that everything is completed on the project according to all the stipulations the City
         put forth.

         City Manager Montague stated the plan for this particular development is not yet in
         house, but the staff will pay attention to that concern. He stated there will be some small
         trees removed, but the City will preserve what they can.

         Mayor Allen stated there will be a separate Planning Commission hearing on the actual
         building, when that is brought to the City. He stated they want to make sure they have
         the approval for this, before they move forward and further that process. He stated City
         Attorney Rainey advised him that Mr. Rooney, with the Shawnee Mission School
PAGE 4                                CITY COUNCIL MINUTES                      NOVEMBER 24, 2003

         District, is in the audience this evening. He asked Mr. Rooney if he wanted to address
         the Council.

         TIM ROONEY, 5303 Greenwood, stated the school district superintendent asked him to
         read a statement on her behalf, with regard to both abatements being discussed this
         evening. The statement read:

            The Shawnee Mission School District would like to express their concern about
            the exemption of property from the tax rolls. The District understands that in
            order to induce development, incentives are sometimes necessary. We would
            hope that the term of the exemption and the amount of property that is exempted
            is carefully scrutinized before a final determination is made. The District, in the
            past, has worked cooperatively with the cities. We wish to continue that mutually
            beneficial relationship. In this particular instance, the District would feel that no
            more than a 50% abatement would suffice for the development to occur. We are
            willing to discuss these and any future projects with the City staff. Thank you for
            listening to our concerns.

         Councilmember Thomas, seconded by Councilmember Goode, moved to adopt a
         resolution authorizing the City to issue federally taxable private activity revenue bonds,
         for the purpose of financing the acquisition, construction and equipping of an office
         building and to grant a property tax abatement, for the Mill Creek plaza office building at
         the northwest corner of Midland Drive and I-435, in the principal amount not to exceed
         $4,000,000. The motion carried 8-0. Having passed, Resolution 1393 was assigned.

13.      CONSIDER ADOPTION OF A RESOLUTION DECLARING THE INTENT OF
         THE CITY TO ISSUE FEDERALLY TAXABLE PRIVATE ACTIVITY
         REVENUE BONDS IN THE PRINCIPAL AMOUNT NOT TO EXCEED
         $20,000,000 FOR BAYER HEALTHCARE, LLC. AT 12707 SHAWNEE MISSION
         PARKWAY.

         Mayor Allen stated the bonds are for the purpose of financing the acquisition,
         construction and equipping of a distribution facility, and to grant a property tax
         abatement. Mayor Allen stated that Mr. Rooney’s earlier comments also apply to this
         issue.

         Councilmember Goode, seconded by Councilmember Thomas, moved to adopt a
         resolution authorizing the City to issue federally taxable private activity revenue bonds,
         for the purpose of financing the acquisition, construction and equipping of a distribution
         facility, and to grant a property tax abatement, for Bayer Healthcare, LLC, at12707
         Shawnee Mission Parkway, in the principal amount not to exceed $20,000,000. The
         motion carried 8-0. Having passed, Resolution 1394 was assigned.

14.      CONSIDER ADOPTION OF A RESOLUTION DECLARING THE INTENT OF
         THE CITY TO ISSUE FEDERALLY TAXABLE PRIVATE ACTIVITY
         REVENUE BONDS IN THE PRINCIPAL AMOUNT NOT TO EXCEED
         $3,500,000 FOR MIDWEST SOCCER COMPLEX, LLC. AT THE SOUTHWEST
         CORNER OF 83RD STREET AND K-7 HIGHWAY.
PAGE 5                                 CITY COUNCIL MINUTES                       NOVEMBER 24, 2003



         Mayor Allen stated the bonds are for the purpose of financing the acquisition,
         construction and equipping of an indoor soccer facility, and to grant a property tax
         abatement.

         Councilmember Segale stated he does not support this. He stated he supported the
         previous tax abatements that were voted on this evening, but he thinks this is not what the
         Council intended when they voted to expand the City’s tax abatement policy. He stated
         that in this case, the City is taking land which is zoned and planned for industrial use and
         putting it into a use that is not industrial. He stated they are basically subsidizing the
         construction of an indoor soccer facility, which is not anything that he imagined the City
         would subsidize. He stated he thought the City wanted to, in this type of development,
         build in personal property that would increase the value even more. They are building a
         building, and, yes, it could be used for something else sometime down the road, but for
         all intents and purposes, it is being built as a soccer complex. He stated he does not think
         that is what the City wants their industrial ground to be utilized for and believes it should
         be used for industrial type uses, which to him, are heavy equipment and things of that
         nature that are going on in that park right now. He stated the City only has so much land
         and a Sonic was built in this same industrial park and, granted, it is a use that can be put
         there, but not one the City should encourage.

         Councilmember Sawyer asked City Manager Montague if this facility will generate sales
         tax.

         City Manager Montague answered this facility would generate some sales tax, but he
         does not know how much.

         Councilmember Sawyer stated it will generate more than an industrial building.

         Councilmember McGuff stated if you look at these types of uses, such as in Overland
         Park, industrial areas are where you typically see them.

         Councilmember Pflumm stated the building can be used for more than one purpose.

         Councilmember Segale stated these buildings do get installed in those types of places, but
         the question here is, if the City is going to give a tax abatement for this building. He
         stated the owners have every right to build in that place if they so choose, and the City
         has tax abatements, he thought, to encourage offices and industrial uses and this is
         basically a warehouse that is going to be used to play soccer. He stated this only creates
         seven jobs and he assumes the 20 laborers are the people who will help build the thing to
         start with, because these people dwindle off down to five. He stated to address the
         argument that this will bring in sales tax, while there may be some, look at some of the
         industrial uses the City has; they have to pay sales tax on the machinery they buy and
         with the use tax that is in place now with the State, the City collects that sales tax revenue
         they pay. He stated the industrial use will pay sales tax as well.

         Councilmember Thomas stated that Councilmember Segale is the person who is always
         talking about the City needing so many parks for all the citizens, so here is a private
PAGE 6                                 CITY COUNCIL MINUTES                      NOVEMBER 24, 2003

         company that is forming a recreational venue that will provide recreation for the City’s
         youth. She stated the City does not tax their parks, so why not provide a tax abatement
         for this soccer complex.

         CHARLOTTE HARGIS, 6925 Ballentine, asked how many parking spaces there are.

         Mayor Allen answered the plan will have to meet the parking code requirements for the
         City of Shawnee for this type of facility.

         CHARLOTTE HARGIS asked why the Council was approving a tax abatement at this
         time.

         Mayor Allen answered they need to see if this project will proceed and as part of the
         financing instrument, they need to know in their calculations if they are going to be able
         to build the building and if this is going to qualify for a tax abatement. In other words, if
         the building itself will meet all the codes that the City of Shawnee requires.

         CHARLOTTE HARGIS asked if the Mayor knew how many parking spaces there would
         be.

         Mayor Allen answered he had actually seen a plan on this and all he can say, as he asked
         the same question, is that it will meet the code that the City requires.

         CHARLOTTE HARGIS stated it may meet the code for one building, but if there are
         seven fields, or however many fields there are, will it meet the code for all of those
         ballparks and will it have as many spaces as they do out at the baseball field.

         Mayor Allen answered it is his understanding that it will meet the requirement. He stated
         the owners are investing at least $3.5 million in this project and they want to build a
         facility that is convenient for people to use and come in and out of, because that would
         make their operation more successful. He stated the owners do not want to have a
         parking problem, because it will defeat what they are trying to do.

         CHARLOTTE HARGIS stated people have to go in and down the park and traffic will be
         a problem if there is a deadline.

         Mayor Allen stated having been involved with four boys that played indoor soccer, their
         games are scheduled at different times, so the games are not all over at the same time. He
         stated they try to stagger the people coming in and out of the facility.

         CHARLOTTE HARGIS asked how many other fields there are.

         Mayor Allen stated there are other indoor facilities in the area. He is familiar with ones
         in Overland Park and Lenexa, which operate several soccer fields at one time.

         CHARLOTTE HARGIS stated that was not her question. She asked how many fields
         there would be.
PAGE 7                                CITY COUNCIL MINUTES                     NOVEMBER 24, 2003

         Councilmember Goode stated at this point in time they do not know, because the plans
         are still coming in.

         Councilmember Meyers stated he believes there will only be one building with three
         fields.

         CHARLOTTE HARGIS stated she got the impression there would be several fields and
         the building.

         Mayor Allen stated it would be completely indoors.

         Councilmember Newby, seconded by Councilmember Thomas, moved to adopt a
         resolution authorizing the City to issue federally taxable private activity revenue bonds,
         for the purpose of financing the acquisition, construction and equipping of an indoor
         soccer facility, and to grant a property tax abatement, for Midwest Soccer Complex,
         LLC, at the southwest corner of 83rd Street and K-7 Highway, in the principal amount not
         to exceed $3,500,000. The motion carried 7-1 with Councilmembers Pflumm, Sawyer,
         Goode, Meyers, McGuff, Thomas and Newby voting aye, and Councilmember Segale
         voting nay. Having passed, Resolution 1395 was assigned.

15.      CONSIDER THE FOLLOWING ITEM FROM THE PLANNING COMMISSION
         MEETING OF OCTOBER 20, 2003.

         a)     Consider review of SUP-10-02-08, a special use permit previously issued to
                Deffenbaugh Industries to expand the Johnson County landfill operations in the PI
                (Planned Industrial) zoning district in the 4900 to 5600 blocks of Locust.

                Mayor Allen stated that at the applicant’s request, this item was tabled at the
                November 10, 2003 City Council meeting without discussion. The Planning
                Commission recommended 8-0 that the Council renew SUP-10-02-08.

                Councilmember Segale asked if there were any significant changes since this was
                approved in September.

                Planning Director Chaffee answered there have been no changes since September.

                Councilmember Newby asked if this was for the initial expansion, or for the
                follow up that was discussed.

                Planning Director Chaffee answered this is for everything on the west side.

                Councilmember Newby asked about the odor study and if it was associated with
                this, or associated with the other part.

                Planning Director Chaffee answered the odor study is a part of this one. He stated
                the staff has received the RFP’s and they have been reviewed by the staff, as well
                as the Johnson County environmental staff. He stated the staff is having
PAGE 8                         CITY COUNCIL MINUTES                       NOVEMBER 24, 2003

         interviews with two companies on December 2, 2003. He stated the progress is
         being made.

         CHARLOTTE HARGIS, 6925 Ballentine, stated she thought the people were told
         this was not going to happen for a couple of years and they would not be moving
         into it. She stated there is already a hearing on a couple additional wells in the old
         part. She stated there are two pipes running down Locust into the creek and she
         has not been able to find out what those are for. She stated she is beginning to get
         the masking odor in her area when the wind is right, which she certainly objects
         to.

         Mayor Allen stated this is a several year process that Deffenbaugh is required to
         go through before any land filling would take place in this area. He stated there is
         no land filling taking place in this area; the area is being prepped for future
         landfill. He stated his understanding from Planning Director Chaffee is that this
         phase is, possibly, a minimum of five years away from beginning use in this area.

         Planning Director Chaffee stated that is correct. He stated Deffenbaugh still feels
         they will be in this area for 4 ½ to 5 more years.

         CHARLOTTE HARGIS stated she finds that hard to believe, because they are
         working like beavers over there and that means they are getting ready to use that
         to dump in and there is no other berm out there that has surface drainage on it,
         which is what the guy from Topeka is trying to tell her. She stated the two pipes
         going down Locust are surface drainage.

         Mayor Allen stated the staff could check on the piping.

         City Manager Montague stated that Ms. Hargis is correct; that is surface drainage.

         CHARLOTTE HARGIS asked what surface.

         City Manager Montague answered that is the drainage that goes along Locust
         Street that goes on down to the creek below.

         CHARLOTTE HARGIS asked if the Council saw any danger in mixing.

         City Manager Montague answered the staff is not aware of any mixing.

         Planning Director Chaffee stated there is nothing in this area now in place; they
         are just getting it ready for landfill operations.

         CHARLOTTE HARGIS stated that drainage will stay put and will drain the
         interior of the dump down into the creek.

         Mayor Allen stated that through this process, their engineers are required to show
         how the water runoff is going to be handled on their entire site.
PAGE 9                         CITY COUNCIL MINUTES                      NOVEMBER 24, 2003

         Planning Director Chaffee stated that is correct.

         CHARLOTTE HARGIS stated nobody knows about this meeting and there is a
         meeting for anyone who has complaints and that is only in the legal notices, so
         nobody notices them.

         Councilmember Segale stated it is his understanding that this special use permit
         comes up for review annually.

         Planning Director Chaffee stated it will come up annually until the berms are
         completed and at that time, the staff will decide how often they want to review it.
         He stated the staff may still want to review it on a yearly basis or, maybe, every
         two to four years, but that will be determined when the berms are done.

         Councilmember Segale stated that is what this proceeding is about tonight, to
         make sure Deffenbaugh is continuing their development in accordance with what
         the City stipulated when the Council approved this expansion area.

         Planning Director Chaffee stated that is correct.

         CHARLOTTE HARGIS stated that is City only.

         Councilmember Segale stated that is correct. He stated the KDHE, the County,
         and the EPA have their own set of environmental regulations that they enforce.
         He stated the only thing that the City enforces are these types of things and that is
         what the Council is reviewing and approving tonight.

         CHARLOTTE HARGIS stated she would think that the Council should also
         monitor these other legal notices and make the people in Shawnee aware of it,
         since they are the most closely involved and it was to her surprise that she found
         out this was in her backyard as well. She stated the odor is not there every day.

         Councilmember Goode stated he did not smell it in his backyard and he is closer
         to the landfill than Ms. Hargis.

         CHARLOTTE HARGIS stated she has never smelled it before either, but she is
         now.

         Councilmember Segale stated if Ms. Hargis smells something, it is probably from
         the expansion area to the east that was approved in 1995.

         CHARLOTTE HARGIS asked Councilmember Segale if he thought she cared
         where the odor is coming from. She stated it is objectionable to her.

         Councilmember Segale stated that is why they are working on getting the odor
         study and getting these RFP’s (Requests for Proposals) back from the odor study
         for the entire landfill.
PAGE 10                          CITY COUNCIL MINUTES                      NOVEMBER 24, 2003

           CHARLOTTE HARGIS stated the only thing Deffenbaugh can do is change the
           odor. She stated there is going to be a bigger dump, more odor, and involve more
           people. She stated it has already started.

           Councilmember Segale stated he is not sure what Deffenbaugh does to cover the
           odor, but there are ways to do that. That is what the City plans to do with the
           odor study.

           CHARLOTTE HARGIS stated the Council can find her report on the City’s
           hotline and the next time it happens they will hear it again. She stated she
           believes people are unaware that is what they are smelling unless they are outside
           when the wind is right. She stated she did not know it either, until one of the girls
           that lives out there told her Deffenbaugh uses masking odors and she talked to
           Tom Coffman and he said they can give any odor the people wants, except, she
           supposes, fresh air.

           Mayor Allen stated the City has been aware of the masking. It is actually a
           perfume treatment.

           CHARLOTTE HARGIS stated it is actually nauseating, especially if a person is
           allergic, like she is.

           Councilmember Segale, seconded by Councilmember Sawyer, moved to renew
           SUP-10-02-08, for Deffenbaugh Industries to expand the Johnson County landfill
           operations in the PI (Planned Industrial) zoning district in the 4900 to 5600 blocks
           of Locust, per the Planning Commission’s recommendations listed in the
           November 10, 2003 staff report. The motion carried 8-0.

16.   CONSIDER THE FOLLOWING ITEM FROM THE PLANNING COMMISSION
      MEETING OF NOVEMBER 3, 2003.

      a)   Consider FP-45-03-11, the final plat for Greens of Chapel Creek, 4th Plat, for 30
           lots in the 6600 block of McCormick Drive.

           Mayor Allen stated that the Planning Commission recommended 9-0 that the
           Council accept the dedications on FP-45-03-11.

           Councilmember Sawyer, seconded by Chairperson McGuff, moved to accept the
           dedications on FP-45-03-11, the final plat for Greens of Chapel Creek, 4th Plat,
           for 30 lots in the 6600 block of McCormick Drive, per the Planning
           Commission’s recommendations listed in the November 24, 2003 staff report.
           The motion carried 8-0.

17.   CONSIDER THE FOLLOWING ITEMS FROM                                  THE      PLANNING
      COMMISSION MEETING OF NOVEMBER 17, 2003.

      a)   Consider FP-48-03-11, the final plat of Buffalo Ridge, Third Plat, for one lot in
           the 22200 block of Midland Drive.
PAGE 11                          CITY COUNCIL MINUTES                      NOVEMBER 24, 2003



           Mayor Allen stated that the Planning Commission recommended 7-0 that the
           Council accept the dedications on FP-48-03-11.

           Councilmember Goode, seconded by Councilmember Thomas, moved to accept
           the dedications on FP-48-03-11, the final plat of Buffalo Ridge, Third Plat, for
           one lot in the 22200 block of Midland Drive, per the Planning Commission’s
           recommendations listed in the November 24, 2003 staff report. The motion
           carried 8-0.

      b)   Consider FP-50-03-11, the final plat of Shawnee Crossings, Second Plat Replat,
           in the 22800 block of Midland Drive.

           Mayor Allen stated that the Planning Commission recommended 7-0 that the
           Council accept the dedications on FP-50-03-11.

           Councilmember Segale, seconded by Councilmember Goode, moved to accept the
           dedications on FP-50-03-11, the final plat of Shawnee Crossings, Second Plat
           Replat, in the 22800 block of Midland Drive, per the Planning Commission’s
           recommendations listed in the November 24, 2003 staff report. The motion
           carried 8-0.

COUNCIL ITEMS

18.   CONSIDER THE FOLLOWING ITEMS FROM THE PUBLIC WORKS &
      SAFETY COMMITTEE MEETING OF NOVEMBER 18, 2003.

      a)   Consider Speed Limit on 51st Street.

           Councilmember Sawyer stated that the Committee recommended 4-0 that the
           Council approve changing the posted speed limit for 51st Street, between Quivira
           Road and Quivira Drive, from 35 mph to 30 mph.

           Councilmember Sawyer, seconded by Councilmember Goode, moved to approve
           changing the posted speed limit for 51st Street, between Quivira Road and
           Quivira Drive, from 35 mph to 30 mph, due to sight distance. The motion carried
           8-0.

      b)   Consider South Frontage Road for Shawnee Mission Parkway, Phase III Between
           Halsey and Pflumm Road Connecting Bayer to Pflumm Road, P.N. 3237.

           Councilmember Sawyer stated that the Committee recommended 3-1 that the
           Council approve the extension of the frontage road along Shawnee Mission
           Parkway, to the west Bayer entrance, and direct staff to ask for clarification on the
           amount of truck traffic from both Coleman and Bayer, before the City Council
           meeting on Monday, November 24, 2003.
PAGE 12                         CITY COUNCIL MINUTES                       NOVEMBER 24, 2003

           Councilmember Sawyer stated he talked to a representative from Bayer this
           evening and he gave an indication there would be 12 trucks moving up to 20 to 24
           in three years. He stated he has no idea how many trucks Coleman moves in and
           out.

           Councilmember Segale asked Public Works Director Freyermuth if the staff
           found out about the stacking issue.

           Public Works Director Freyermuth stated the staff looked into the plans on the
           Shawnee Mission Parkway improvements they are doing now and does not see
           any problems with truck traffic moving down Midland Road to Pflumm. He
           stated there is somewhere around 300 feet of stacking distance on Midland at
           Pflumm, which will stack at least 4 to 5 trucks, easily. He stated the volume they
           are talking about translates into less than 2 to 3 trucks per hour. He stated there
           would be very few times where there would even be three trucks stacked and
           plenty of room for five. He stated Pflumm Road is in good shape in the left turn
           lanes. He stated there are double left turn lanes onto Pflumm. He stated the
           radius’ are in good shape for truck traffic at both Midland going to Pflumm and
           Pflumm going on to Shawnee Mission Parkway. He stated the staff sees no
           problems with truck traffic using this frontage road to where it ties in opposite of
           Midland just south of the intersection of Pflumm Road and Shawnee Mission
           Parkway.

           Councilmember Thomas, seconded by Councilmember Goode, moved to approve
           the extension of the south frontage road for Shawnee Mission Parkway, Phase III
           between Halsey and Pflumm Road, P.N. 3237, connecting from the west Bayer
           entrance to Pflumm Road. The motion carried 8-0.

      c)   Consider increasing Excise Taxes.

           Councilmember Sawyer stated that the Committee recommended 3-1 that the
           Council approve increasing the excise tax to 21.5 cents per square foot on May 1,
           2004, and also to change the current practice and not allow the developer to
           receive a credit against the excise tax for temporary improvements.

           Councilmember Pflumm stated he wanted to voice his opposition to this increase.
           He stated he believes the Council is increasing this by too much.

           Councilmember Thomas stated she spoke with Dave Holtwick from the Homes
           Builders Association and asked him if he wanted the Council to try for the 20 cent
           increase and he told her no, because the Council will probably come right back
           next year and raise it again. She stated he told her the Council should just go
           ahead and do it.

           Councilmember Pflumm stated he spoke with Dave Holtwick as well.

           Councilmember Thomas, seconded by Councilmember Segale, moved to approve
           increasing the excise tax to 21.5 cents per square foot on May 1, 2004 and also to
PAGE 13                             CITY COUNCIL MINUTES                      NOVEMBER 24, 2003

             change the current practice and not allow the developer to receive a credit against
             the excise tax for temporary improvements effective May 1, 2004. The motion
             carried 7-1 with Councilmembers Segale, Sawyer, Goode, Meyers, McGuff,
             Thomas and Newby voting aye, and Councilmember Pflumm voting nay.

BUSINESS FROM THE FLOOR

   a)     Special Christmas Light Request.

          PAUL DUCK, 7326 Edgewood Boulevard, stated he would like to put up Christmas
          lights from his house over the road, which is a boulevard, and connect them to the
          trees in the median of the boulevard.

          Councilmember Pflumm asked where this location is.

          Mayor Allen answered it is Edgewood Boulevard, which is the boulevard that runs
          through the Tomahawk Hills subdivision.

          Councilmember Goode asked how Mr. Duck was going to suspend the lights in the
          air, and keep trucks from knocking it down.

          PAUL DUCK answered he addressed that issue with Traffic Engineer Sherfy and he
          indicated the lights only have to be 15 feet or higher for that to be addressed, with
          regards to garbage trucks, moving trucks, and vehicles of those types. He stated there
          are cities in the Johnson County area who have, for many years, done this type of
          thing. He stated it beautifies the City and these other cities have no problems
          whatsoever with it. He stated these cities include Prairie Village, Overland Park, and
          Mission Hills.

          Councilmember Segale asked if this needed to be approved by the Council.

          PAUL DUCK stated he spoke with Councilmember Thomas about this on the
          telephone and she suggested he come before the Council.

          City Manager Montague stated the staff has not contacted all the other cities, but they
          are not aware of any other city that actually approves this sort of thing. He stated
          Overland Park was not aware this was going on in their city, however, he has seen
          these lights in Overland Park. He stated Mission Hills has some lighting features like
          this as well, but he is not sure if they are approved or not. He stated this is something
          the Council would have to approve, because it could become a problem. He stated
          that Shawnee has no regulations that currently allow this sort of thing, so it would
          take Council action to approve it.

          Councilmember Segale stated as long as this is safe, he has no problem with this. He
          asked if staff should work this out.

          Public Works Director Freyermuth stated the reason staff checked into this and did
          not approve this when it was requested, is because they really do not know what type
PAGE 14                             CITY COUNCIL MINUTES                       NOVEMBER 24, 2003

          of regulations to put into effect to make sure this is safe. He stated the staff could say
          that it needs to be 15 feet off the ground, as they know that is the minimum clearance
          for bridges and things of that nature, so most vehicles could go under that okay, but
          staff really does not know how the lights are going to be attached and if this cord will
          be safe enough to whatever wire it runs to, to feed the electricity to the median in all
          situations, so children will not happen to touch it at one time when it was not. He
          stated the staff really has no guidelines on how this sort of thing should be done. He
          stated when staff contacted Overland Park, staff was told they do not approve of these
          types of situations. He stated he is not sure how effectively they are able to monitor
          this, but as with fireworks, it is hard to know, at all times, what people are doing
          throughout the city.

          Councilmember Newby stated that without knowing all of the ins and outs with this
          request, the Council can not really make a decision tonight.

          Councilmember Newby, moved to allow a 60 day special permit this time only,
          subject to issues staff may come up with.

          Councilmember Newby stated one of those things staff may come up with would
          have to be related to the factors that Public Works Director Freyermuth spoke of. He
          stated he does not think the Council can anticipate all of the things that could possibly
          happen this evening.

          Councilmember Pflumm stated as long as the staff has the ability to monitor this and
          if it becomes unsafe, they can deal with it.

          Councilmember Thomas stated she has some concerns about this. She stated she does
          not think this lighting display is on the right street. She stated she really enjoyed
          speaking with Mr. Duck and enjoys his enthusiasm, but is not sure that the trees he
          wants to connect to are really tall enough. She stated she has friends that do laser
          light displays and they are usually in 100-year-old trees and the canopy is way above
          the street. She stated with Edgewood being a boulevard and also a location where a
          little boy was killed, she does not think the people living on that boulevard want any
          extra traffic. She stated the reason people put these lights up, is to create some kind
          of spectacle and added traffic. She asked if Mr. Duck went door to door and talked to
          any of his neighbors.

          PAUL DUCK answered he was planning on it, but it was too cold yesterday. He
          stated this is a street in which lights are on at night time. He stated he does know of
          many children who are playing out at night in the winter. He stated that is totally
          irrelevant. He stated the trees, even though they are not 100-year-old trees, are at
          least 40 feet tall. He stated Traffic Engineer Sherfy stated the City only requires the
          height to be 15 feet and they are way beyond that.

          Councilmember Thomas stated she would request that Mr. Duck not tell her that her
          comments are irrelevant. She stated in her experience, having gone door to door to
          every house on Edgewood Boulevard, is what is relevant is that community is not
          interested in added traffic from anywhere outside. She stated this is a boulevard
PAGE 15                             CITY COUNCIL MINUTES                         NOVEMBER 24, 2003

          where the neighbors drive the wrong way up and down the street. She stated the
          neighbors have turned it into two, two-way streets, because they do not want to have
          to make the U-turn. She stated if the neighbors are zipping home from the grocery
          store, going the wrong way down the street and all of a sudden there are outsiders
          coming to view the Christmas lights and the onlookers are going the correct way,
          there could be an accident.

          Councilmember McGuff stated he appreciates the fact that Mr. Duck wants to do
          something like this. He stated he will support this, as long as it is done in a safe
          manner and there are regulations about the type of wire that goes overhead and the 15
          foot clearance is adhered to. He stated as long as this is done to electrical code
          guidelines, he will support it. He stated there is no reason to put anyone in harm’s
          way just for Christmas lights.

          Councilmember Goode stated Councilmember McGuff just mentioned all his
          concerns as well and that is where he stands.

          Councilmember Segale asked City Manager Montague if what the Council has given
          them this evening is adequate enough of a direction to pursue this. He stated they all
          appreciate Mr. Duck’s wish to beautify the neighborhood and they all want to support
          that as long as it is safe.

          City Manager Montague stated there is no way staff can assure the Council this will
          be safe. He stated there is no code or regulations they are aware of, so it will just be a
          guess on the staff’s part as to what regulations they could impose and with those
          conditions, they will try to get this approved or to an acceptable point. He stated he
          has seen this sort of thing in other cities and it is very pretty, but he is not sure how it
          is actually regulated.

          Councilmember Goode stated if Shawnee does this for one person, there will be a lot
          of people following lead on this sort of thing.

          Councilmember Thomas stated Councilmember Goode brought up a good point. She
          stated this is setting a policy of allowing citizens to broach the right-of-way, without
          even having an expressed interest or approval from their neighbors. She stated when
          there are special use permits for more than two dogs, a person needs the permission of
          their neighbors. She stated Mr. Duck has not asked his neighbors if they want to play
          the same game he wants to play. She stated if this policy is changed, the Council is
          opening the door for every neighborhood where somebody wants to string lights
          across the right-of-way. She asked the Council how many special use permits they
          want to go through each year and if the City needs to hire extra staff to go out and
          patrol this, because City Manager Montague has made it clear that the City can not be
          sure that this is going to be safe.

          PAUL DUCK stated the neighbors in the community where he lives do not have to
          participate.
PAGE 16                            CITY COUNCIL MINUTES                       NOVEMBER 24, 2003

          Councilmember Thomas stated maybe they do not want it in their neighborhood and
          that is what the Council is elected to do; represent the will of the neighborhood.

          PAUL DUCK stated that if someone down the street does not like the Christmas
          lights on his house, he will still have them on his house.

          Councilmember Thomas stated that is fine, as it is not on public property and crossing
          a right-of-way. She stated there are problems in Overland Park around the 79th Street
          and Floyd area where there is a house with tons of lights on the property and a bunch
          of Santa Claus’ in the yard which creates a nightmare of traffic for the city. She
          stated this sort of thing could create problems for the Police Department if there are
          traffic jams, especially when they know the people drive regularly on Edgewood the
          wrong way down the street.

          PAUL DUCK stated with all due respect, they could always go to the extremes, but
          they can try to be moderate.

          Councilmember Thomas told Mr. Duck not to call her an extremist. She stated she
          resented that.

          Mayor Allen stated this is not an agenda item and he thinks there has been several
          valid points on both sides. He stated he is, frankly, a little uncomfortable with this
          item.

          Councilmember Meyers stated he feels uncomfortable because of the timing. He
          stated if the Council could have had more time to think about this, before the
          Thanksgiving weekend, and get a better understanding of it, he would have felt more
          comfortable. He stated he would have liked more of an understanding of the
          neighborhood’s response, either being in favor of this or not. He stated he can see
          some possible dissatisfaction with something of this nature. He stated he would like
          more information before making a decision.

          Councilmember Newby stated there are a lot of good points that have been raised. He
          stated he sees the value of this and it was not his intention with his earlier motion to
          make the Council the road block. He stated if the staff came back to the Council and
          told them they could not find anything that would work in this situation, he would
          personally have been comfortable with that.

          Councilmember Newby, withdrew the motion to allow a 60 day special permit this
          time only, subject to issues staff may come up with.

          Councilmember Newby, moved to direct staff to come up with some feasible
          proposal and give it to Council at the next committee meeting for review.

          Councilmember Segale stated the Council meeting is the only time they can tell staff
          to do something, and they can not move forward with a decision from a committee
          meeting.
PAGE 17                             CITY COUNCIL MINUTES                      NOVEMBER 24, 2003

          Councilmember Pflumm suggested leaving this up to staff and if they are comfortable
          with it, give staff the ability to approve it or deny it.

          Councilmember Thomas stated the staff does not have the right to do that.

          Mayor Allen stated part of his concern with this, and in the future this may be a
          lesson to be learned, is if a display is put in place that does draw a lot of traffic and
          attention, there could be some concerns. He stated he has been with the City for 19
          years and has never been involved with a situation of someone putting something on a
          City right-of-way. He stated there are several precedents being asked for this
          evening, without the Council going through a logical sequence and he would like to
          see a plan of exactly what the display consists of (i.e. how many lights, location,
          where it will cross the road with the overhead wire) and listening to City Manager
          Montague, there are a lot of concerns. He stated if something does go wrong and
          there is an incident or accident and the City is involved in it, he wants to make sure
          the City did everything they could to prevent anything from happening. He stated he
          does not believe this needs to be placed on the staff’s back, but would rather like to
          see a plan. He stated his advice for Mr. Duck is if he wanted to do this type of thing
          next year, to put things into motion by September or October.

          Councilmember Segale stated he agrees with the Mayor and told Mr. Duck if he had
          not come to the Council to ask for this, he might have been able to do it with no
          ramifications, but since he did come before the Council, this puts them in a legal
          situation and by putting this on staff’s back without any regulations or standards in
          place, it really leaves everything up in the air. He stated if someone were to get hurt,
          they could sue the City and then the taxpayers would be on the hook, because the
          Council did not follow any type of process.

          PAUL DUCK stated he believes there is a lesson to be learned, and thinks he learned
          it tonight.

          Councilmember Newby stated he understands the timing, and thinks this is a good
          idea and it will be a good idea next year too. He stated he would still make it an
          option to go the next Finance and Administration meeting for discussion now, as
          opposed to September or October next year. He stated if Mr. Duck would like the
          committee to discuss that, he is open to that.

          The motion to direct staff to come up with some feasible proposal and give it to
          Council at the next committee meeting for review died due to the lack of a second.

STAFF ITEMS

19.   CONSIDER BIDS FOR NINE (9) TACTICAL BALLISTIC VESTS.

      Mayor Allen stated that bids were received on November 14, 2003. Staff recommends
      that Council award the bid to Law Enforcement Equipment Co., Kansas City, Missouri,
      in the amount of $13,715.91.
PAGE 18                           CITY COUNCIL MINUTES                    NOVEMBER 24, 2003

      Councilmember Segale, seconded by Councilmember McGuff, moved to award the bid to
      Law Enforcement Equipment Co., Kansas City, Missouri, in the amount of $13,715.91,
      for nine (9) tactical ballistic vests for the Shawnee Police Department. The motion
      carried 8-0.

MISCELLANEOUS ITEMS

20.   CONSIDER APPROVAL OF SEMI-MONTHLY CLAIM FOR NOVEMBER 24,
      2003, IN THE AMOUNT OF $7,810,782.81.

      Councilmember Segale, seconded by Councilmember Goode, moved to approve the
      semi-monthly claim for November 24, 2003, in the amount of $7,810,782.81. The
      motion carried 8-0.

21.   MISCELLANEOUS COUNCIL ITEMS.

      a)     East Pool.

             Councilmember Sawyer stated that lately there has been a lot of discussion and a
             lot of newspaper articles with regard to future planning for Old Shawnee Town.
             He stated that while that plan may be considered in January, no one on the
             Council is saying or planning to remove the east pool until they come up with a
             location and start building and open a new pool on the east side of town.

             Councilmember Goode stated he agrees with that and has the same feeling.

22.   CONDUCT AN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING
      LAND ACQUISITION.

      Councilmember Thomas, seconded by Councilmember Meyers, moved to recess to
      executive session for approximately 30 minutes for the purpose of discussing land
      acquisition, with the City Council meeting to reconvene in the Council Chambers at the
      conclusion of the executive session. The motion carried 8-0, and the meeting recessed at
      8:18 p.m.

      Councilmember Sawyer, seconded by Councilmember Thomas, moved to conclude the
      executive session. The motion carried 8-0.

      Councilmember Segale, seconded by Councilmember Thomas, moved to reconvene the
      meeting. The motion carried 8-0, and the meeting reconvened at 8:48 p.m.

      Councilmember Segale, seconded by Councilmember Meyers, moved to authorize staff
      to negotiate the purchase or acquisition of land for parks. The motion carried 8-0.

ADJOURNMENT

Councilmember Thomas asked for a moment of silence for Tim Roche, who died on
Thanksgiving Day two years ago.
PAGE 19                           CITY COUNCIL MINUTES            NOVEMBER 24, 2003



Councilmember Goode, seconded by Councilmember Thomas, moved to adjourn. The motion
carried 8-0, and the meeting adjourned at 8:50 p.m.

Minutes prepared by: Cindy Terrell, Recording Secretary

APPROVED BY:

__________________________________
Carol Gonzales, Assistant City Manager

				
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